The Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act, codified at 20 USC 1092 (f) as a part of the Higher Education Act of 1965, is
a federal law that requires colleges and universities to disclose certain timely and
annual information about campus crime and security policies. All public and private
institutions of post-secondary education participating in federal student aid programs
are subject to it. Violators can be "fined" up to $27,500 by the U.S. Department of
Education, the agency charged with enforcement of the Act and where complaints of
alleged violations should be made, or face other enforcement action. The Clery Act,
originally enacted by the US Congress and signed into law by President George Bush
in 1990 as the Crime Awareness and Campus Security Act of 1990, was championed by
Howard & Connie Clery after their daughter, Jeanne, was murdered at Lehigh University
in 1986. They also founded the non-profit Security On Campus, Inc. in 1987. Amendments
to the Act in 1998 renamed it in memory of Jeanne Clery.It is always the policy of
the University of West Georgia Police Department to provide to the public an annual
campus security report and comply with the federal law known as the Clery Act. This
security report will be updated annually and presented as one cohesive document as
required by federal law 20 USC 1092 (f).

Clery Coordinator

The Clery Coordinator is responsible for ensuring compliance with Department of Education
regulations regarding the Clery Act. The Coordinator works closely with many groups
on campus including Housing & Residence Life, Student Affairs, and Human Resources
to fulfill all reporting requirements. The Coordinator also prepares the Daily Crime
Log and Annual Security Report, as well as overseeing Immediate Notification / Timely
Warning procedures. Please direct any questions regarding the Clery Act to the Clery
Coordinator at bsmith@westga.edu

Clery Act Definitions

Aggravated Assault: The unlawful attack by one person upon another for the purpose of inflicting severe
or aggravated bodily injury. This type of assault usually is accompanied by the use
of a weapon or by means likely to produce death or great bodilyharm.

Arrest: For Clery Act purposes, arrest is defined as persons processed by arrest, citation
or summons.

Arson : Any willful or malicious burning or attempt to burn, with or without intent to
defraud, a dwelling house, public building, motor vehicle or aircraft, personal property
of another, etc.

Burglary: The unlawful entry of a structure to commit a felony or a theft. The UCR classifies
offenses locally known as Burglary (anydegree); unlawful entry with intent to commit
a larceny or felony; breaking and entering with intent to commit a larceny;housebreaking;
safecracking; and all attempts at these offenses as Burglary.

Dating Violence: Violence committed by a person—

Who is or has been in a social relationship of a romantic or intimate nature with
the victim; and where the existence of such a relationship shall be determined based
on a consideration of the following factors:

1) The length of the relationship;

2) The type of relationship; and

3) The frequency of interaction between the persons involved in the relationship.

5) Any other person against an adult or youth victim who is protected from that
person’s

acts under the domestic or family violence laws of the jurisdiction.

Drug Law Violations: These are the violation of laws prohibiting the production, distribution and/or
use of certain controlled substances and the equipment or devices utilized in their
preparation and/or use. The unlawful cultivation, manufacture,distribution, sale,
purchase,

use, possession, transportation or importation of any controlled drug or narcotic
substance and the arrests for violations of state and local laws, specifically those
relating to the unlawful possession, sale, use, growing, manufacturing and making
of narcotic drugs.

Illegal Weapons Possession: The violation of laws or ordinances prohibiting the manufacture, sale, purchase,
transportation,possession, concealment, or use of firearms, cutting instruments, explosives,
incendiary devices or other deadly weapons.

Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale,
purchase,transportation, possession, or use of alcoholic beverages, not including
driving under the influence and drunkenness. Included in this classification are:

2) maintaining unlawful drinking places; bootlegging; operating still; furnishing
liquor to a minor or intemperate person;underage possession; using a vehicle for illegal
transportation of liquor; drinking on train or public conveyance; and attemptsto commit
any of the above.

Murder and Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.

Negligent Manslaughter: The killing of another person through gross negligence.

Non-Campus Building or Property: Any building or property owned or controlled by a student organization that is officially
recognized by the institution; or any building or property owned or controlled by
an institution that is used in direct support of, or in relation to, the institution’s
educational purposes, is frequently used by students, and is not within the same reasonably
contiguousgeographic area of the institution.

On Campus: Any building or property owned or controlled by an institution within the same reasonably
contiguous geographic area and used by the institution in direct support of, or in
a manner related to, the institution’s educational purposes, including residence halls;
and any building or property that is within or reasonably contiguous to paragraph
(1) of this definition, that is owned by the institution but controlled by another
person, is frequently used by students, and supports institutional purposes (such
as a food or other retail vendor).

On Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities,
that is within the campus, or immediately adjacent to and accessible from the campus.

Referred for Disciplinary Action is defined as the referral of any person to any official who initiates a disciplinary
action of which a record is kept and which may result in the imposition of a sanction.

Referred in Lieu of Arrest is defined as a situation where circumstances would not permit a criminal arrest
so the student is referred to the campus discipline system.

Robbery: The taking or attempting to take anything of value from the care, custody, or control
of a person or persons by force orthreat of force or violence and/or by putting the
victim in fear.

Stalking:A person commits the offense of stalking when he or she follows, places under surveillance,
or contacts another personat or about a place or places without the consent of the
other person for the purpose of harassing and intimidating the otherperson (OCGA 16-5-90,
2014). When a person engages in this course of conduct, a reasonable person may:

1) Fear for his or her safety or the safety of others; or

2) Suffer substantial emotional distress.

Rape:A person commits the offense of rape when he has carnal knowledge of a female forcibly
and against her will; or female who is less than ten years of age. Carnal knowledge
in rape occurs when there is any penetration of the female sex organ by the male sexorgan.
The fact that the person allegedly raped is the wife of the defendant shall not be
a defense to a charge of rape (OCGA 16-6-1, 2014).

Fondling: Fondling occurs when he or she intentionally makes physical contact with the intimate
parts of the body of anotherperson without the consent of that person also known as
sexual battery (OCGA 16-6-22.1, 2014)

Statutory Rape: A person commits the offense of statutory rape when he or she engages in sexual intercourse
with any personunder the age of 16 years and not his or her spouse, provided that
no conviction shall be had for this offense on the unsupportedtestimony of the victim
(OCGA 16-6-3, 2014).

Incest: A person commits the offense of incest when such person engages in sexual intercourse
or sodomy; as such term is defined in state law 16-6-2, with a person whom he or she
knows he or she is related to either by blood or by marriage as follows: